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INTRODUCTION
This agreement (“Terms of Use”) constitutes a legal and binding contract between the User (as defined hereunder) and Bout India Tours LLC (“Bout India”) concerning the use of various Services (as defined hereinunder) that Bout India provides. This Terms of Use is an electronic record in terms of the Applicable Law(s) and does not require any physical or digital signature. The Terms of Use govern the access or usage of our website https://www.boutindia.com/ owned and operated by Bout India, mobile site(s), and mobile application(s) of Bout India (collectively, “Website”) by the User.
For the purpose of this Terms of Use, wherever the context so requires, “you” and “your” shall mean the User (as defined hereunder), and the term “we”, “us” and “our” shall mean Bout India.
Bout India may provide you with any or all of the following services: (a) travel-related information, pricing, and customized itinerary; (b) availability and reservations for airlines and hotels; (c) holiday packages; (d) bus and car rentals across cities and rural areas, etc. (collectively, “Services” and individually, “Service”). These Services may be availed by the User at any time during the year as offered by Bout India through various Third Party Service Providers (as defined hereunder).
You are required to read the Terms of Use carefully before using or accessing the Website for utilizing and/or availing of the Services of Bout India. In case you do not agree with the Terms of Use or any part thereof, you may not use the Website and we request you to leave the Website immediately. By mere accessing or using the Website, you shall be deemed to be contracting with Bout India and you signify your consent to the Terms of Use and other policies of Bout India (including but not limited to Privacy Policy (as defined hereunder)) as uploaded on the Website from time to time.
All the rights and liabilities of Bout India with respect to any Services by Bout India shall be restricted to the scope of Terms of Use and other policies of Bout India.
Additionally, the Third Party Service Provider itself may provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each Service (for example, flights, hotel reservations, packages, etc.). The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Third Party Service Provider with whom the User elects to deal, including terms and conditions set forth in a Third Party Service Provider’s fare rules, contract of carriage or house rules.
Bout India at its sole discretion reserves the right not to accept any booking placed by the User through the Website without assigning any reason thereof. Any contract to provide any Service by Bout India is not complete until full money towards the service is received from the User and accepted by Bout India.
Bout India does not act as the merchant of record for any Services made available on the Website.
DEFINITION
Unless the context otherwise requires, the terms used in this Terms of Use, when capitalized, shall have the meanings assigned to them herein below:
“Applicable Law(s)” shall mean all laws, regulations, rules, statutes, ordinance, order, decree, agreement, by-laws, and guidelines policies, directions, directives, approvals of any authority, orders of any government, statutory authority, court, and tribunal board, court, and/or another authority having jurisdiction over the User.
“Booking Execution Date” shall mean the date from which the Confirmed Booking will be executed i.e. the date from which the actual availment of the first Service mentioned in the Confirmed Booking’s itinerary commences;
“Person/s” shall mean an individual, corporation, partnership, limited liability partnership, association, trust, or other entity or organization, including a government or political subdivision or an agency or instrumentality thereof.
“Third Party Service Providers” shall mean the vendors, including but not limited to the hotels, airlines, railways, transport services providers, or any other person who has been engaged by Bout India to render the Services to the Users.
“User/s” shall mean any Person, including travel agents who avail/intend to avail / visit / inquire about any Services made available by Bout India through the Website.
REGISTRATION ON THE WEBSITE
For availing of the Services through the Website, the User shall be of a minimum of eighteen (18) years of age or such other age as prescribed under the Applicable Law(s). By using or accessing, or registering on the Website, you warrant, represent, and confirm that you are of permissible age as required under the Applicable Law(s) to enter into a binding contract and are not a person barred from availing the Services under the Applicable Law(s).
You can view and browse the Website without registration; however, in case of making any booking, registration of the User on the Website is mandatory. If the User opts to register himself on the Website, he can register on the Website as an end customer or as a travel agent by rendering details enquired by our Website for carrying out successful registration such as name, phone number, email address, etc. Upon completion of the registration process, the User shall receive a user id and password (collectively, “Log-in Details”). The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the Log-in Details and shall be fully responsible for all activities that occur by use of such Log-in Details. Further, the User agrees not to use any other party’s Log-in Details for any purpose whatsoever without proper authorization from such party. You are responsible for all transactions undertaken using your Log-in Details through our Website. The password entered by you while log-in in to the Website is transmitted in one-way encrypted form to our database and stored as such, and thus, such password will not be known even to Bout India.
You represent and warrant to us that the details provided by You on the Website at the time of the registration are true and correct in all respect (“Registration Details”). You further agree to maintain and promptly update the Registration Details to keep them true, accurate, current, and complete. If any of the Registration Details provided by the User is untrue, inaccurate, not current, or incomplete or Bout India has reasonable grounds to suspect that such Registration Details are untrue, inaccurate, not current, or incomplete, then in such scenario Bout India has the right to suspend or terminate the concerned User’s registration and refuse any and all current or future use of the Website and/or any Service by such User.
The User also agrees and undertakes to immediately notify Bout India of any unauthorized use of the User’s Log-in Details and to ensure that the User log out at the end of each session at the Website. Bout India shall not be responsible for any direct or indirect loss or damage arising from the User’s failure to comply with this requirement.
COMMUNICATION WITH BOUT INDIA
Bout India may send, to the User, the booking confirmation, itinerary information, cancellation, payment confirmation, refund status, schedule change, or any such other information relevant to the transaction or the Service(s) availed by the User, via SMS or Whatsapp or by voice call on the contact number given by the User at the time of booking or through email. Bout India may also contact the User by voice call, SMS, or email in case the User couldn’t or hasn’t concluded the booking, for any reason whatsoever, to know the User's preference for concluding the booking and also to help the User for the same. When you register yourself on the Website, you consent to receive aforesaid communications with respect to the Services from Bout India through aforesaid media periodically and as and when required.
You hereby unconditionally consent that such communications received from Bout India via SMS or by voice call on the contact number given by the User at the time of booking or through email are: (a) upon the request and authorization of the User; (b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines issued by the Telecom Regulation Authority of India (TRAI) or any other authority under the Applicable Law(s); and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad.
In case any action is taken by any concerned authority due to any erroneous complaint raised by the User against Bout India concerning the intimations mentioned above or due to a wrong number or email id being provided by the User for any reason whatsoever, the User will indemnify Bout India against all types of losses and damages incurred by Bout India as a result of such action.
BOOKING BY THE USERS
The User may, as per its requirements, request booking of any of the Services through the Website after registering on the Website as per Clause 3 of this Terms of Use and shall follow the instructions or directions indicated/ displayed on the Website to facilitate submission of such booking request (“Booking Request”). Bout India reserves the right to refuse any Booking Request of a User without assigning any reason thereof.
Based on the Booking Request, Bout India will provide the desired itinerary to the User (“Preliminary Itinerary”). The User hereby agrees and acknowledges that the Preliminary Itinerary provided by us is nothing but a mere guide to which we attempt to adhere; however, the same may be altered on account of events which are beyond the reasonable control of Bout India or upon the occurrence of force majeure events including, without limitation, war, unusually severe weather, an act of god or government, accidents, flood, internet breakdown, strike, transportation failure, etc. (collectively, “Force Majeure Events”) and unforeseeable events or change/imposition of conditions by Third Party Services Providers (“Change Events”). Upon the occurrence of any of the Change Events, Bout India shall notify the concerned User regarding such change in the Itinerary and in such case, additional amount/charges, if any, shall be borne by the User.
The User shall carefully go through the Preliminary Itinerary. The User may ask for customization of the Preliminary Itinerary by submitting a customization request to us. Bout India has the right to accept or reject, as the case may be, such customization requests. The User hereby acknowledges that in case Bout India accepts such customization request, then Bout India may charge an additional amount for working upon and implementing such customization request of the said User. Such additional amount will be included in the total amount payable under the Booking Request as provided on the Website.
Upon confirmation of the Booking Request by Bout India, the User shall pay the amount as specified on the Website or mutually agreed by Bout India and the User, in such manner as provided under Clause 6 (Payment of Booking) of Terms of Use. Upon receipt of the required payment, Bout India, in coordination with the Third Service Provider, shall confirm the Booking Request and the Preliminary Itinerary (including revised Preliminary Itinerary, if any) (“Confirmed Booking”) and provide relevant documents, including the final Itinerary, of such Confirmed Booking to the concerned User through any or all the communication channels as specified under Clause 4 of this Terms of Use.
Any change/alteration/addition in the Confirmed Booking can be done only when a request for the same is made by the User to Bout India. It is hereby clarified that Bout India reserves the right to accept or reject such a change request. Upon acceptance of such request, you shall be required to pay the additional cost as required by Bout India for implementing such change request.
In case: (a) due to occurrence of any Force Majeure Event and/or any other act with is outside the reasonable control of Bout India, the number of tour days as mentioned in the Confirmed Booking gets extended; or (b) the Traveler willingly desires to extend the number of tour days as mentioned in the Confirmed Booking for any reason whatsoever, then in such scenario, the Traveler shall be solely liable to bear the additional costs and expenses associated with such extended period including but not limited to hotel, transportation, food, etc. charges. It is hereby clarified that such an extension of the number of tour days as mentioned in the Confirmed Booking would even include one (1) day extension.
It is hereby clarified that the Confirmed Booking made in name of one User cannot be transferred in the name of any other User or any other third party irrespective of whose Log-in Details were used for making the Confirmed Booking.
Bout India, at its sole discretion, may offer discounts to travel agents registered as Users on the Website. It is hereby clarified that Bout India reserves the right to vary or withdraw such discount from time to time.
PAYMENT OF BOOKING
Upon confirmation of the Booking Request by Bout India, the User is required to make an advance payment of at least twenty percent (20%) of the booking amount as shown on the Website or as mutually agreed between the User and Bout India (“Advance Booking Amount”) and the remaining eighty percent (80%) of the booking amount shall be paid by the User in almost thirty (30) days prior to the Booking Execution Date mentioned in the Confirmed Booking. In case the User fails to make payment of the remaining balance amount within the stipulated time frame, then: (a) the Confirmed Booking shall be deemed to be canceled; and (b) notwithstanding anything mentioned in Clause 7 (Cancellation Charges) of these Terms of Use, the Advance Booking Amount shall be forfeited by Bout India.
The Users may opt for an upfront payment of the complete booking amount at the time of confirmation of the Booking Request.
The User agrees and acknowledges that the booking amount to be paid by the User hereinabove for the Confirmed Booking consists of payments which are required to be made for the Services included by, demanded by, and agreed by the User in the Confirmed Booking’s itinerary (“Booking Amount”). The User agrees that Bout India shall not be liable for Services that have not been included in the Confirmed Booking’s itinerary and in case any additional Services are requested by the User, the User shall be liable to pay for such additional Services.
In case of a reduction in the number of tour days due to ill health or due to any other reason whatsoever, Bout India and/or the Third Party Service Provider shall not be liable to refund the Booking Amount in proportion to the number of tour days reduced. The Traveler hereby agrees and acknowledges that there shall be no refund of the Booking Amount even in the cases all or few persons traveling as per the Confirmed Booking, didn’t turn up (no show) for the tour or leave the tour mid-way.
Bout India may vary or modify the Booking Amount on account of changes in tax rates under Applicable Law(s).
In case the User desires to make payment of the Booking Amount through its debit card or credit card, then the User shall ensure that the debit or credit card, as the case may be, which User uses shall belong to the User. The User shall be responsible for keeping the details and information of its card secured. The User agrees that Bout India shall not be responsible in case of any fraud or impersonation by any third person in relation to payment of Booking Amount on the Website through debit card or credit card, as the case may be (collectively, “Fraud Events”). The User hereby acknowledges and agrees that in case, upon the occurrence of any of the Fraud Events, Booking Amount or any part thereof is recovered from Bout India, then in such scenario, the User shall refund the entire Booking Amount to Bout India and shall always keep Bout India fully indemnified against the same. Further, Bout India shall have a right to set off such Booking Amount paid by Bout India due to occurrence of Fraud Events, from any amount payable by Bout India to the User.
CANCELLATION CHARGES
The User may cancel the Confirmed Booking by providing a written cancellation request to Bout India at [email protected] (“Cancellation Request”). Bout India may accept such Cancellation Requests and take necessary actions accordingly.
Once the Cancellation Request is received and processed by Bout India, the cancellation charges chargeable on such booking cancellation shall be as follows (“Cancellation Charges”):
If Bookings Are Made via Third Party
For a Third Party Service Provider (such as online travel agencies, partner agents, aggregators, or other intermediaries), the following terms shall apply:
The cancellation, amendment, and refund policies of the respective Third Party Service Provider shall supersede Bout India’s internal cancellation terms. Cancellation charges, refund timelines, and applicable deductions shall be as per the Third Party Service Provider’s policy and may differ from those mentioned above.
Certain services booked through third parties (such as flights, trains, hotels, or transfers) may be fully non-refundable depending on the provider’s rules.
Bout India shall not be responsible for any delay, denial, or dispute in processing refunds initiated through a third party. Users are advised to review the respective third party’s cancellation policy before confirming their booking.
YOUR RESPONSIBILITY
The User shall not make any claim of loss/damage against Bout India upon the occurrence of any of the following events:
Non-satisfaction in relation to the Services or non-fulfillment of the Services by the Third Party Service Providers as mentioned in the Confirmed Booking;
Increase in prices associated with the Services at the time of processing of Booking Request or facilitating additional Services demanded by the User, due to any reason which is beyond the reasonable control of Bout India and/or the Third Party Service Provider;
Delay in providing Services by the Third Party Service Providers.
The User shall be responsible for
all the additional tickets, bookings, payments, etc. which have not been included in the Confirmed Booking’s itinerary.
obtaining and possessing, at its own cost, a valid passport, and relevant visas and any other documents as required for the implementation of the Confirmed Booking.
taking requisite vaccinations, relevant travel, and health insurance policy in relation to the Confirmed Booking at its own cost.
for reaching the places agreed in the Confirmed Booking’s itinerary at its own cost unless transportation services with respect to the same have been availed by the User from Bout India and which are specifically mentioned in the Confirmed Booking’s itinerary.
The User shall be responsible for securing and maintaining its Log-in Details. You agree and acknowledge that you will not share or disclose your Log-in Details to any third Person. In case of any disclosure of Log-in Details, you shall be solely liable for the loss or any damage caused to you by such disclosure. Additionally, you shall be liable for any damage or loss caused to Bout India due to such disclosure. In case of any unauthorized use or access of your account on the Website, you shall be responsible for promptly informing Bout India.
While traveling, the User should be solely responsible for their baggage and personal items and accessories at all times. Bout India shall not be liable for any loss or damage caused to the User’s baggage and personal items and accessories during travel or stay as per the Confirmed Booking.
You acknowledge and agree to abide by the Terms of Use and that Bout India shall not be liable in case you fail to adhere to these terms.
You access and/or use the Website at your own risk.
You agree and acknowledge that Bout India reserves the right, in its sole discretion to terminate your access to the Website and related Services for any reason whatsoever.
You agree and acknowledge that all the information and communication made between Bout India and you are confidential. The information shared by us to you shall not be disclosed in any manner unless the same is required for the purpose of availing Services of Bout India.
You agree and represent to us that you will conduct yourself in an orderly and acceptable manner and should not disrupt the enjoyment of any third party. You represent and agree that Bout India will not be liable for your misconduct and/or misbehavior and/or negligent acts with other guests or individuals or Third Party Service Providers.
You shall adhere to and comply with the timings of the tour at all times. In the event you or any member of your booking misses the flight or any other transport arrangement, Bout India will not be liable for such delay and consequence thereof.
You shall pay all the additional expenses incurred by you while you are on a tour that is not included in the Confirmed Booking’s itinerary and all such personal additional costs will be on a direct payment basis by the User to such third party and Bout India will not be liable for the same. User hereby acknowledges and agree that any Service (where nature/characteristics of such Service is that it can be used repeatedly or its usage can be extended) used by the User beyond the scope mentioned in the Confirmed Booking’s itinerary, the User shall be personally liable to make payment of such additional usage of such Services. Bout India disclaims all the liabilities and shall not accept or be responsible for any loss, damage, delay or expenses whatsoever, caused directly or indirectly, arising out of additional usage of such Service by the User.
INTELLECTUAL PROPERTY RIGHTS
Bout India may provide the User with content such as sound, photographs, illustrations, graphics, videos, designs, name, logo, mark icons, downloads, and other materials contained in sponsor advertisements or information whether or not appearing on the Website (“Contents”). The Contents may be protected by copyrights, trademarks, or other intellectual property rights and laws. The User may use the Contents only as expressly authorized by Bout India. You hereby agree and assure us that you will not copy, reproduce, publish, transmit, distribute, display, modify, or create derivative works of any or all the Contents of the Website without express authorization by Bout India.
Except where expressly stated to contrary, all third-party trademarks, pictures, and products including that of Third Party Service Provider, are not in any manner linked, associated, or affiliated with Bout India. Any Contents protected by copyright or another proprietary right of any of the Third Party Service Provider featured on the Website are owned by the respective Third Party Service Provider and you acknowledge and agrees that you shall not upload, post, reproduce or distribute any of such Contents on or through the Website without obtaining the written permission for the same from the owner of Contents.
Bout India reserves the right to remove or disable access to any Content, at any time and without prior notice and in its sole discretion, that Bout India, for any reason whatsoever, considers to be objectionable or in violation of Terms of Use or Applicable Law(s) or otherwise harmful to the Website or its Users.
